Penalty for Firearm Possession While a Virginia Substantial Risk Order Is In Effect
September 24, 2024 by Jean Humbrecht
It is a crime to possess a firearm while a Virginia Substantial Risk Order is in effect. For information on the penalty for firearm possession while a Virginia Substantial Risk Order is in effect, read the post below.
What is a Substantial Risk Order in Virginia?
The Penalty for Firearm Possession While a Virginia Substantial Risk Order Is In Effect Includes Jail
Before entering a Substantial Risk Order in Virginia, a magistrate or judge will first enter an Emergency Substantial Risk Order. An Emergency Substantial Risk Order in Virginia lasts for 14 days (Va. Code §19.2-152.13) and prohibits a person from possessing firearms while the order is in effect. The Circuit Court then must hold a hearing within 14 days to determine whether to enter a Substantial Risk Order. A Substantial Risk Order can be entered if the Commonwealth proves that possession of a firearm by that person would pose a “substantial risk of harm” to him or herself or others (Va. Code §19.2-152.14). If this Order is entered, the person is prohibited from possessing firearms while the Order is in effect.
A Substantial Risk Order can be issued for up to 180 days. However, the Commonwealth can petition the court to extend the order for an additional 180 days and there is no limit on how many times a Virginia Substantial Risk Order can be extended.
Click here for more information on an Emergency Substantial Risk Order in Virginia.
Click here for more information on a Substantial Risk Order in Virginia.
Substantial Risk Order and Firearm Restrictions in Virginia
After a Substantial Risk Order has been entered in Virginia, the person must turn in a concealed carry permit if he or she has one and any firearms still in his or her possession.
Penalty for Firearm Possession While a Virginia Substantial Risk Order Is In Effect
If a person possesses a firearm while subject to an Emergency Substantial Risk Order or a Substantial Risk Order in Virginia, he or she can be charged with a Class 1 misdemeanor (Va. Code §18.2-308.1:6) and punished with up to 12 months in jail and a fine up to $2,500.
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